3 ms·
Perhaps I can partly answer my own question? Section 64A of the in-force Act[1] already has similar provisions for assistance to be provided by a third party in
by dhx 5y ago
Perhaps I can partly answer my own question? Section 64A of the in-force Act[1] already has similar provisions for assistance to be provided by a third party in accessing a computer, copying and converting data into a format accessible by law enforcement. However there does not appear to be current provisions for cost recovery if that assistance requires the company/person involved to dedicate significant time and expense.
Table 8 (PDF page 14) of the Surveillance Devices Act 2004 Annual Report 2019-2020[2] states that only 20 such warrants were issued in that year and 11 extensions issued, and none of them were issued as a result of international requests (PDF page 25). The report doesn't indicate how many of these 20 requests resulted in assistance needing to be provided and who needed to provide that assistance.
Given the low count (20) of computer access warrants issued and likely nature that anyone providing assistance would be well aware of whether the request related to e.g. CSAM, I'd guess that most businesses involved may be happy to help out for free even if their business wears a small cost of complying with the order. I suspect though if this Act or new types of warrants generated significant workload for Australian private sector companies, and warrants were difficult and expensive to comply with, there would suddenly be a lot of backlash.
ACMA states[3] that the private sector self-reported costs during 2019-2020 of AUD$24m related to telecommunications interception legislation and AUD$21m related to metadata retention for at least 2 years. It also reported only 8 requests to block websites (7 being ACMA wanting to block foreign gambling websites) and 17 requests for Internet/communications services being switched off.
Aside from the metadata retention laws which the private sector has reported costing $237m to implement to date (with only ~21% cost recovery from the government), the other costs of complying with law enforcement warrants appear to be fairly minimal in the grand scheme of things and are just a small consideration towards the cost of doing business in Australia.
[1] https://www.legislation.gov.au/Details/C2019C00296 https://www.legislation.gov.au/Details/C2019C00296
[2] https://www.homeaffairs.gov.au/nat-security/files/surveillance-devices-act-2004-annual-report-2019-20.pdf https://www.homeaffairs.gov.au/nat-security/files/surveillan...
[3] https://www.acma.gov.au/sites/default/files/2020-12/Telecommunications-law-enforcement-and-national-security-obligations-2019-20.pdf https://www.acma.gov.au/sites/default/files/2020-12/Telecomm...